(1) In deciding whether a person is appropriate for appointment as a guardian
or administrator for an adult, the tribunal must consider the following
matters (
"appropriateness considerations" )—
(a) the general principles and whether
the person is likely to apply them;
(b) if the appointment is for a health
matter—the health care principles and whether the person is likely to apply
the principles;
(c) the extent to which the adult’s and person’s
interests are likely to conflict;
(d) whether the adult and person are
compatible including, for example, whether the person has appropriate
communication skills or appropriate cultural or social knowledge or
experience, to be compatible with the adult;
(e) if more than 1 person is to
be appointed—whether the persons are compatible;
(f) whether the person
would be available and accessible to the adult;
(g) the person’s
appropriateness and competence to perform functions and exercise powers under
an appointment order, including whether the person has ever been a paid carer
for the adult.
(2) The fact a person is a relation of the adult does not, of
itself, mean the adult’s and person’s interests are likely to conflict.
(3) Also, the fact a person may be a beneficiary of the adult’s estate on
the adult’s death does not, of itself, mean the adult’s and person’s
interests are likely to conflict.
(4) In considering the person’s
appropriateness and competence, the tribunal must have regard to the
following—
(a) the nature and circumstances of any criminal history, whether
in Queensland or elsewhere, of the person including the likelihood the
commission of any offence in the criminal history may adversely affect the
adult;
(b) the nature and circumstances of any refusal of, or removal from,
appointment, whether in Queensland or elsewhere, as a guardian, administrator,
attorney or other person making a decision for someone else;
(c) if the
proposed appointment is of an administrator and the person is an individual—
(i) the nature and circumstances of the person having been a bankrupt or
taking advantage of the laws of bankruptcy as a debtor under the
Bankruptcy Act 1966 (Cwlth) or a similar law of a foreign jurisdiction; and
(ii) the nature and circumstances of a proposed, current or previous
arrangement with the person’s creditors under the Bankruptcy Act 1966
(Cwlth) , part 10 or a similar law of a foreign jurisdiction; and
(iii) the
nature and circumstances of a proposed, current or previous external
administration of a corporation, partnership or other entity of which the
person is or was a director, secretary or partner or in whose management,
direction or control the person is or was involved.
